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HomeMy WebLinkAboutResolution - 1334 - Grant Applications - SPAG - Title III Older Americans Act Funds, Senior Services - 03_10_19837,10�g0°� RESOLUTION 1334 - 3/10/83 JMS : j s RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE GRANT APPLICATIONS TO THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS FOR MATCHING FUNDS AVAILABLE UNDER TITLE III OF OLDER AMERICANS ACT AND ALL AGREEMENTS, UNDERSTANDINGS, ASSURANCES AND OTHER DOCUMENTS RELATED TO THERETO. WHEREAS, each year the South Plains Association of Governments receives federal and state funds to contract with local organizations and agencies to provide services for senior citizens; and WHEREAS, from time to time the South Plains Association of Governments an- nounces the availability of matching funds to provide services to senior citi- zens and invites project proposals; and WHEREAS, the City Council has determined that applications for Title III funds would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and di- rected to execute for and on behalf of the City of Lubbock Grant Applications to the South Plains Association of Governments for matching funds available under Title III, the Older Americans Act, 42 U.S.C. §3021 et sec; for projects providing services to senior citizens and all grant agreements, understandings, assurances and other documents relating to the award, acceptance and administra- tion of any such grants, copies of which executed documents shall be filed in the office of the City Secretary of the City of Lubbock and shall be and are hereby designated official records of the City of Lubbock. Passed by the City Council this loth day of M n / , 1983. BILL McALISTER, MAYOR ATTEST: Evelyn Gaf ga, City S c t -Treasurer APPROVED AS TO CONTENT: <,- Bo'b Cass, Assistant City Manager APPROVED AS TO FORM: M. Sherwin, Assistant City Attorney l South Plains Association of 7 P.O. Box 2787 • Lubbock, Texas 79408 • Henry RieB PRESIDENT MAR 3 M3 February 8, 1983 PLA,t3�5 FF SOUii1 To: City of Lubbock Senior Servic$=00 0F From: Robert V. Marshall, Director of Aging 0 Subject: USDA Contract Budget Admendment SPAG, in its capacity as the Area Agency on Aging, subcontracted $9,319.00 of USDA funds to purchase raw food. This sub- contract is numbered AA3-8348-002-09-511-611 and extends from 1211/S2 through 9/30183 This memo constitutes an amendment to add $11,181.00 to the USDA budget. ORIGINAL (12/1/82) $9, 19.O0 AMENDED (2/8/83) $20.500.00 The total consideration of this contract is $20,500.00 . The provisions regarding termination will remain unchanged and the original contract will remain in effect. Please sign and return both copies to our office. Authoriz � 'Co tract r Signature r Date' Reviewed:.-G SP�i ctor of Fin ce Approved and accepted on behalf of South Plains Assoc'ation of Go rnments G� Jer D. Cass ev ns, Executive Director i. a�� An Equal Opportunity Employer , CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS A� 63�P-ooZ_o9-511-111 E' and CITY OF LUBBOCK Part I General Conditions This contract is between South Plains Association of Governments hereinafter referred to as SPAG and City of Lubbock hereinafter referred to as CONTRACTOR. All provisions herein are further based on a proposal submitted by the CONTRACTOR to SPAG in March, 1983, and said proposal is for all purposes made a part hereof by reference, witnesseth: SPAG and the CONTRACTOR do mutually agree as follows: 1. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay salaries at a nutrition site for persons sixty (60) years of age and older in Lubbock County. 2. CONTRACT GOAL The goal of this contract is to provide nutrition services for at least 500 individ- uals each month, with minority and below poverty level older persons to be served in proportion to their number in the population of Lubbock County. 3. CONTRACT AMOUNT The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not exceed $23,657.00 for performances and amounts specified by attachment delineated below which are indicated by initials as signatory parties hereto and which are a part of this contract. SPAG CONTRACTOR SPAG AMOUNT INITIALS INITIALS ATTACHMENTS SERVICES $ Attachment A Outreach $ Attachment B Transportation $ Attachment C Friendly Visiting $ Attachment D Legal - (Community Service Advisor $ Attachment E-1 Senior Center Operations -..._$ Attachment E-2 Residential Repairs $ Attachment F Multipurpose Center Development $ 20.106.00 Attachment G Nutrition Congregate $ 5 Attachment H Home Delivered Meals $ 1Attachment J Other 4. MATCH REQUIREMENTS The CONTRACTOR agrees to provide, as a supplement to the project budget, local cash match of at least $ 2,628.00 For those CONTRACTORS who generate more Program Income than required, the additional local match may be shown in "Other u d Resources" column of this contract budget, but only minimum amount previously mentioned is requested. I 5. SUBCONTRACT PERIOD This agreement will become binding on the date of the signatures by both parties. Notwithstanding this date, the term of the agreement will begin on 5/1/83 , and end 9/30/83 This term may be extended upon request by the CONTRACTOR and approval by SPAG and the Texas Department on Aging. 6. NOTICE Any and all notices required in or by this contract shall be addressed as follows: a. If notice is to be sent to SPAG: South Plains Association of Governments P.O. Box 2787 Lubbock, Texas 79408 b. If notice is to be sent to the CONTRACTOR: • City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 i' j. Part II A BUDGET Non Federal Match Budget Catagory IIIC1 IIIC2 Cash In -Kind Total SALARIES AND FRINGE BENEFITS 1. Driver 4,784 844 625 6,253 2. 3 Center Directors 5,944 1,049 777 7,770 3. Administrative Aide 3,553 627 464 4,644 4. Secretary 3,420 604 447 Q,471 5. Fringe Benefits 2,407 425 315 3,147 TOTAL $20,108 3,549 2,628 26,285 23,657 Part III General Conditions for the Provision of Various Social Services i 1. AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants; Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title VI of the Civil Rights Act of 1964; the Clean Air Act; the Clean Water Act; the Contract Work Hours and Safety Standards Act; regulations pursuant to the Rehabilitation Act Amendments of 1974; the Historic Preservation Act; the Flood Control Act; the Housing and Urban Develop- ment Act of 1974; and all Texas Department on Aging Policies, and Rules as published in the Texas Register under Rules 34B et seq (Title 40, Part IX, Texas Administrative Code); and, with all state and local laws as pertain to this contract and its attachments. 2. SPAG FUNDING OBLIGATIONS In consideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to CONTRACTOR for actual allowable costs incurred by CONTRACTOR, within the period of this contract, for performances rendered here- under subject to CONTRACTOR furnishing its share of allowable costs incurred. 1. It is expressly understood by the CONTRACTOR that the ability and obligation of SPAG to fund this contract is based solely on a commit- ment to SPAG from the Texas Department on Aging to provide funds. The CONTRACTOR shall have no claim, under terms of this contract, on any funds from SPAG other than these. 3. OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by a BUDGET/s as defined in Part II - Special Conditions and Budget Justification. 1. Adjustments to approved individual budget line items may be made by CONTRACTOR, providing that the adjustment to an individual line item does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a category does not exceed ten percent (10%) of the category amount, and that there is no change I' in the category total amount. 2. `Adjustments amounting to more than that provided in #1 above may be i, made by the CONTRACTOR only with prior written authorization from SPAG. 4. PAYMENTS SPAG has no obligation to advance any funds obligated under the terms of this contract. In the absence of written agreement to the contrary, funds will be remitted by SPAG to the CONTRACTOR on a reimbursement basis subject to appro- priate administrative procedures and contingent upon receipt of funds by SPAG from the Texas Department on Aging. ALL PAYMENTS FOR THIS CONTRACT ARE TO BE MADE PAYABLE TO NAME City of Lubbock ADDRESS p.0. Box 2000 J,Lubbock. Texas 79457 It is agreed that the CONTRACTOR shall submit requests for payment to SPAG on a monthly basis and that payment of funds to the CONTRACTOR by SPAG under the terms of this contract shall be subject to the following procedures: a. By the 5th day of the month the CONTRACTOR will request, in a form prescribed by SPAG, reimbursement for allowable actual project expenditures during the previous month. b. CONTRACTOR requests for reimbursement will be supported by auditable records kept on file by the CONTRACTOR, and these records will be available for inspection on request by SPAG and/or the Texas Depart- ment on Aging. c. SPAG will reimburse the CONTRACTOR within 30-days of receipt of a proper request, contingent upon receipt to SPAG funds from the Texas Department on Aging. d. The CONTRACTOR will report to SPAG by the 5th day of the month if no CONTRACTOR expenditures were incurred during the previous month, under the terms of this contract. e. Final requests for payment, whether at completion of the contract period or in the event of early contract termination, must be submitted by the CONTRACTOR to SPAG within 30 days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than 30 days after the contract completion date. 5. SUBCONTRACTING OF FUNDS None of the funds provided to the CONTRACTOR by SPAG under the terms of this con- tract. -may be subcontracted or passed through by the CONTRACTOR to another agency for the provision of services described herein without the express written approval of SPAG. 6. PROGRAM INCOME 1. Program Income MUST first be used to meet the CASH non-federal require- ments. 2. Program Income in excess of that required shall be identified in the budget justification for allowable costs in "Other Resources." 3. Program Income insufficient to meet each program category in Part II Budget Justification, in the column entitled "CONTRACTOR" shall be supplemented either by other cash or by documented in -kind contributions of goods and/or services. a. Program Income is income earned by CONTRACTOR from activities part or all of which are borne as a direct cost by SPAG under provisions of this contract. Program Income includes but is not limited to cash income from fees for services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. b. Program Income from meal contributions shall be used in such a manner to increase the number of meals served by the project. c. Program Income MUST BE REPORTED TO SPAG, BUDGETED BEFORE IT IS SPENT AND SPENT IN THE CURRENT CONTRACT PERIOD. 4. In -kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are a. identifiable from CONTRACTOR's records b. not included as contributions for any other state of federally assisted programs, and d. adequately documented as to nature, source, and value. 7. REPORTS AND RECORDS In addition to the submission of required financial reports, the CONTRACTOR agrees; a. To retain auditable accounts and records for a period of five years following expiration of this contract. Such records will be maintained at the following location: 9th and Texas Lubbock, Texas 79457 b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be re- quired will be submitted by the CONTRACTOR in a form prescribed by SPAG. z •. 8. PROPERTY The CONTRACTOR shall maintain a record of all property purchased under terms of this contract. A non -expendable property having an acquisition cost of $300 or more and having a normal life expectancy of one year or more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the CONTRACTOR to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. a. The CONTRACTOR shall maintain an inventory of all non -expendable property purchased under the terms of this contract. b. The CONTRACTOR shall exercise reasonable and prudent judgment in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. 9. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or -its agents, or by the Texas Department on Aging or its agents, disclosed serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend this contract pending resolution of deficiencies or to terminate this contract. The CONTRACTOR shall be notified in writing of any such suspension or termination and shall have the right to appeal to the SPAG Board of Directors This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the CONTRACTOR of the project as described herein; or b. Discontinuance of funding to SPAG from the Texas Department on Aging; or c. Failure of the CONTRACTOR to comply with any or all of the terms and conditions stated herein; or d. Mutual agreement between SPAG and the CONTRACTOR. In the event of termination, final billings for expenditures made pursuant to the contract will be submitted to SPAG by the CONTRACTOR, but it is understood that no expenses incurred after the termination date will be reimbursed. 10. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, the CONTRACTOR agrees to indemnify and hold SPAG harmless from any and all claims, demands, expenses or caul of action that might be asserted against SPAG by any third Party which shall arise from the conduct and performance of this agreement. It being the intention of the parties hereto that this indemnity provision shall indemnify SPAG harmless as to ar allegation made of negligence on the part of SPAG in the performance of this agree- ment. When 45 C.F.R., or its appendices, provide that a cost is allowable only authorized in writing, prior written approval from SPAG must be obtained. Approval of the CONTRACTOR's budget shall constitute written approval only if detailed budget justification supporting the purpose, need and reasonableness of such cost is included as part of the budget. 11. ORAL AND WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. 12. CERTIFICATION AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the CONTRACTOR do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in Triplicate this _LO day of 19'�J City of Lubbock CONTRACTOR BY' UTHORIZED CONTRACTOR SIGNATURE REVIEWED:Q��-�yJLc/�' (SPAG DIRECTOR FINANCE Approved and accepted on behalf of South Plains Association of Governments erry u. CITY OF UBB A7ST_�' : BY: / BIL McA I T R, Evhlyn Gaff a, City ry-Treasurer A OVED AS TQ C�T: 2 1 Westo , Director of Community Facilities APPROVED AS TO ORM: 0 n 7�.J7-cv�ni_. J an M. Sherwin, Assistant City Attorney stevens, EXECUTIVE DIR ATTACHMENT G Special Conditions for Nutrition Congregate Services City of Lubbock Contractor Name f�A yo o - oG, S// Code This contract is in the amount of $22,342.00 including $ 20,198.00 and Budget Total SPAG $ ?, 00 as described in the budget justification. Contractor CONTRACTOR agrees to provide an average of 186 meals per day for the contract period which is a total of 20,088 meals for the period of the contr CONTRACTOR further agrees to deliver congregate meals in accordance with the following conditions: 1. Hot meals shall be provided in a congregate setting at least days per week, according to a published schedule. 2. The congregate.site shall be located, where feasible and appropriate within walking distance to the majority of eligible older persons. 3. The CONTRACTOR shall comply with all state and local health laws and ordinances concerning preparation, handling, and serving of food. 4. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 5. Food containers and utensils for blind and handicapped participants shall be provided. 6. The CONTRACTOR shall serve food in accordance with the recommended dietary allowance (RDA) as established by the Food and Nutrition Board of National Academy of Sciences - National Research Council and shall follow the menu plat developed by the nutrition consultant. 7. The CONTRACTOR shall prepare food in accordance with recipes provided. 8. Each participant shall be provided the opportunity to have milk with the meal 9• Appropriate and.cost effective arranqements shall be made for the transoortat, of commodities, where applicable, and for the storage.and use of USDA commodii 10. Cash provided in lieu of commodities shall be spent only for buying USDA commodities and other food. 11. Participants shall be assisted in taking advantage of benefits available to them through the Food Stamp Program. 12. The CONTRACTOR shall coordinate with the Food S ogram administered by tl Texas Department of Human Resources. r u e o tractor Signatur ATTACHMENT H Special Conditions for Nutrition Home Delivered Services City of Lubbock I Contractor Name Code This contract is in the amount of.$ 3,943.00 including $ 3,549.00 and Budget Total P-A—G $ 394.00 as described in the budget justification. Contractor '- CONTRACTOR agreesto provide an average of 33 meals per day for the contract period which is a total of 3,564 meals for the period of the contract. CONTRAC further agrees to deliver hot meals to the home in accordance with the following conditions: 1. Meals shall. be provided days per week. 2. An assessment of need shall be conducted before beginning delivery of meals. 3. Meals shall be hot when delivered. 4. Where feasible meals shall be delivered to eligible Dersons when weather relate i emergencies arise. 5. The CONTRACTOR shall comply with all state and local laws and ordinances con- cerning preparation, handling, and serving of food. 6. Special menus, where feasible and appropriate, shall be prepared to meet dietar; needs arising from health requirements, religious requirements, or ethnic back- grounds of eligible participants. �7. Food containers and utensils for blind and handicapped participants shall be provided. 8. The CONTRACTOR shall serve food in accordance with the recommended dietary allot ' i; ance (RDA) as established by the Food and Nutrition Board of the National Acadei u of Sciences - National Research Council and shall follow the menu plan developer by the nutrition consultant. 9. The Contractor shall prepare food in accordance with recipes provided. 10. Each participant shall be provided the opportunity to have milk with the meal. 11. Appropriate and cost effective arrangements shall be made for the transportatioi of commodities, where applicable, and for the storage and use of USDA commoditil 12. Cash provided in lieu of commodities shall be spent only for buying USDA commod and other food. i 13. Participants shall be assisted in taking advantage of benefits available to thei through the Food Stamp Program. 14. The CONTRACTOR shall coordinate with the Food Stamp P by the ;madZmin*red Texas Department of Human Resources. ut act r Signature Part IV - Assurances The Contractor assures that he will maintain documentation to substantiate all of the assurance items. Such documentation will be subject to SPAG review for adequacy and completeness. I. Compliance with Requirements The Contractor agrees to administer the program in accordance with the Act, and all applicable regulations, the policies and procedures established by SPAG, the State Unit on Aging, the Commissioner on Aging and the Secretary of Health and Human Services. 2. Efficient Administration The Contractor shall utilize such methods of administration as are necessary for the proper and efficient administration of the Contract and which assure avoidance of conflict of interest, both financial and by nepotism. 3. General Administrative and Fiscal Requirements The Contractor's shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these pro- visions are superseded by statute. 4. Management of Funds The Contractor shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. 5. Safeguarding Confidential Information The Contractor shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. 6. Reporting Requirements The Contractor shall furnish such reports to SPAG as may be specified, to maintain its reports and files in compliance with 45 C.F.R. Part 14 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74. 7. Standards for Fire, Health, Safety, Sanitation and Other Standards Providers of service under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The Contractor assures that where the state or I local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Equal Opportunity and Civil Rights a. Equal Employment Opportunity The Contractor shall incorporate in its written personnel policies and procedures an affirmative action plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. b. Non -Discrimination on the Basis of Handicap The Contractor shall provide that each program activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74. C. Civil Rights Compliance The Contractor shall ensure that benefits and services available under the contract are provided in a nondiscriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. 9. Managing Property Purchased with Federal Funds The Contractor shall maintain a property control system ensuring adequate safe- guards for property purchased under terms of this contract. 10. Outreach, Training and Coordination Requirements a. The Contractor shall provide a written plan for outreach to ensure participation of eligible persons, including those with the greatest social or economic needs. b. The Contractor shall participate in training as provided by SPAG. C. The Contractor shall coordinate its service/s with other service providers in the region. 11. Preference for Older Persons with Greatest Economic or Social Need The Contractor shall preferentially provide services to eligible persons with the greatest economic or social need. 12. Contributions for Services The Contractor shall provide voluntary opportunity for eliqible participants to contribute to the cost of services while protecting the individual's privacy f to safeguard and account for such contributions, and to use such contributions to expand services. The Contractor may post a suggested contribution schedule based on income ranges of eligible participants in the community. Service shall not be denied because the eligible participant will not or cannot contribute. 13. Maintenance of Non -Federal Support for Services The Contractor shall not replace funds from Non -Federal sources with federal funds. The Contractor agrees to continue or to initiate efforts to obtain support from other sources for services funded under this part. 14. Opportunity for Older Persons to Advise Contractors Contractors who operate focal points in the community must assure collocation of services, where feasible. AT EST: Elvelyn Gaff6a, City c&t y-Treasurer AP OVED AS TO CONTENT: . Weston, Director of Community Facilities hori ed ontractor Sig attire BILL McALISTER, MAYOR APPROVED AS TO FOR.e i a M. Sherwin, Assistant City Attorne tie CONTRACT BETWEEN—� o— AA3-,?Z I/P- 06 I SOUTH PLAINS ASSOCIATION OF GOVERNMENTS and CITY OF LUBBOCK Part I General Conditions This contract is between South Plains Association of Governments hereinafter referred to as SPAG and City of Lubbock hereinafter referred to as CONTRACTOR. All provisions herein are further based on a proposal submitted by the CONTRACTOR to SPAG in March, 1983, and."said proposal is for all purposes made a part hereof by reference, witnesseth: SPAG and the CONTRACTOR do mutually agree as follows: 1. CONTRACT PURPOSE is The purpose of this contract is to provide funds to pay for renovation and repair of senior citizens center for persons sixty (60) years of age and older in Lubbock County. 2. CONTRACT GOAL The goal of this contract is to provide a senior citizens center for at least 500 individuals each month, with minority and below poverty level older persons to be served in proportion to their number in the population of Lubbock County. ii 3. CONTRACT AMOUNT t! i The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not �j exceed $30,000.00 for performances and amounts specified by attachments delineated I �! below which are indicated by initials of signatory parties hereto and which are a i �I part of this contract. SPAG CONTRACTOR SPAG �i AMOUNT INITIALS INITIALS ATTACHMENT SERVICES �IIII' $ _ Attachment A Outreach !1 $ Attachment B Transportation q; $ Attachment C Friendly Visiting $ Attachment D Legal - (Community Service Advisor) ii $ 30,000.0 Attachment E-1 Senior Center Operations $ Attachment E-2 Residential Repairs it $ Attachment F Multipurpose Center Development $ Attachment G Nutrition. Congregate $ Attachment H Home Delivered Meals t $ Attachment J Other 4. MATCH REQUIREMENTS The CONTRACTOR agrees to provide, as a supplement to the project budget, local cash match of at least $3.333.00 For those CONTRACTORS who generate more Program Income than required, the additional local match may be shown in "Other Resources" column of this contract budget, but only minimum amount previously mentioned is requested. 5. SUBCONTRACT PERIOD This agreement will become binding on the date of the signatures by both parties. Notwithstanding this date, the term of the agreement will begin on 5/1/83 , and end 9/30/83 . This term may be extended upon request by the CONTRACTOR and approval by SPAG and the Texas Department on Aging. 6. NOTICE Any and all notices required in or by this contract shall be addressed as follows: a. If notice is to be sent to SPAG: South Plains Association of Governments P.O. Box 2787 Lubbock, Texas 79408 b. If notice is to be sent to the CONTRACTOR: City of Lubbock P 0. Box 2000 LubbockT xat 794r,7 City of Lubbock Part II �voa—o9-�s7 BUDGET Non Federal Match Budget Catagory IIIB Cash In -Kind Total RENOVATION/REPAIR 1. Contract Labor (roofing) 30,000 3,333 33,33: TOTAL 0 $30,000 3,333 33,33: Part III General Conditions for the Provision of Various Social Services 1. AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants; Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title VI of the Civil Rights Act of 1964; the Clean Air Act; the Clean Water Act; the Contract Work Hours and Safety Standards Act; regulations pursuant to the Rehabilitation Act Amendments of 1974; the Historic Preservation Act; the Flood Control Act; the Housing and Urban Develop- ment Act of 1974; and all Texas Department on Aging Policies, and Rules as published in the Texas Register under Rules 34B et seq (Title 40, Part IX, Texas Administrative Code); and, with all state and local laws as pertain to this contract and its attachments. 2. SPAG FUNDING OBLIGATIONS In consideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to CONTRACTOR for actual allowable costs incurred by CONTRACTOR, within the period of this contract, for performances rendered here- under subject to CONTRACTOR furnishing its share of allowable costs incurred. 1.. It is expressly understood by the CONTRACTOR that the ability and obligation of SPAG to fund this contract is based solely on a commit- ment to SPAG from the Texas Department on Aging to provide funds. The CONTRACTOR shall have no claim, under terms of this contract, on any funds from SPAG other than these. 3. OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by a BUDGETJs as defined in Part II - Special Conditions and Budget Justification. 1. Adjustments to approved individual budget line items may be made by CONTRACTOR, providing that the adjustment to an individual line item does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a category does not exceed ten percent (10%) of the category amount, and that there is no change in the category total amount. 2. Adjustments amounting to more than that provided in #1 above may be made by the CONTRACTOR only with prior written authorization from SPAG. 4. PAYMENTS SPAG has no obligation to advance any funds obligated under the terms of this contract. In the absence of written agreement to the contrary, funds will be remitted by SPAG to the CONTRACTOR on a reimbursement basis subject to appro- priate administrative procedures and contingent upon receipt of funds by SPAG from the Texas Department on Aging. ALL PAYMENTS FOR THIS CONTRACT ARE TO BE MADE PAYABLE TO NAME City of Lubbock ADDRESS P.O. Box 2000 Lubbock, Texas 79457 It is agreed that the CONTRACTOR shall submit requests for payment to SPAG on a monthly basis and that payment of funds to the CONTRACTOR by SPAG under the terms of this contract shall be subject to the following procedures: a. By the 5th day of the month the CONTRACTOR will request, in a form prescribed by SPAG, reimbursement for allowable actual project expenditures during the previous month. b. CONTRACTOR requests for reimbursement will be supported by auditable records kept on file by the CONTRACTOR, and these records will be available for inspection on request by SPAG and/or the Texas Depart- ment on Aging. c. SPAG will reimburse the CONTRACTOR within 30-days of receipt of a proper request, contingent upon receipt to SPAG funds from the Texas Department on Aging. d. The CONTRACTOR will report to SPAG by the 5th day of the month if no CONTRACTOR expenditures were incurred during the previous month, under the terms of this contract. e. Final requests for payment, whether at completion of the contract period or in the event of early contract termination, must be submitted by the CONTRACTOR, to SPAG within 30 days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than 30 days after the contract completion date. 5. SUBCONTRACTING OF FUNDS None of the funds provided to the CONTRACTOR by SPAG under the terms of this con- tract may be subcontracted or passed through by the CONTRACTOR to another agency for the provision of services described herein without the express written approval of SPAG. 4 M1- i 6. PROGRAM INCOME 1 1. Program Income MUST first be used to meet the CASH non-federal require- ments. 1 2. Program Income in excess of that required shall be identified in the f budget justification for allowable costs in "Other Resources." I: 3. Program Income insufficient to meet each program category in Part II Budget Justification, in the column entitled "CONTRACTOR" shall be x supplemented either by other cash or by documented in -kind contributions ji of goods and/or services. } a. Program Income is income earned by CONTRACTOR from activities part or all of which are borne as a direct cost by SPAG under provisions i of this contract. Program Income includes but is not limited to 4' cash income from fees for services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. b. Program Income from meal contributions shall be used in such a manner to increase the number of meals served by the project. C. Program Income MUST BE REPORTED TO SPAG, BUDGETED BEFORE IT IS SPENT i AND SPENT IN THE CURRENT CONTRACT PERIOD. f 4. In -kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are a. identifiable from CONTRACTOR's records 1 b. not included as contributions for any other state of federally assisted programs, and d. adequately documented as to nature, source, and value. 7. REPORTS AND RECORDS In addition to the submission of required financial reports, the CONTRACTOR agrees; a. To retain auditable accounts and records for a period of five years following expiration of this contract. Such records will be maintained at the following location: 9th and Texas Lubbock, Texas 79457 b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be re- quired will be submitted by the CONTRACTOR in a form prescribed by SPAG. 84m. PROPERTY The CONTRACTOR shall.maintain a record of all property purchased under terms of this contract. A non=expendable property having an acquisition cost of $300 or more and having a normal life expectancy of one year or more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the CONTRACTOR to SPAG in the event that services described herein are terminated I' either during or subsequent to the contract period. a. The CONTRACTOR shall maintain an inventory of all non -expendable property purchased under the terms of this contract. b. The CONTRACTOR shall exercise reasonable and prudent judgment in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. 9. SUSPENSION OR TERMINATION jIn the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department on Aging or its agents, disclosed serious deficiencies I in the operation of a project supported under provisions of this contract, SPAG may elect to suspend this contract pending resolution of deficiencies or to terminate this contract. The CONTRACTOR shall be notified in writing of any such suspension or termination and shall have the right to appeal to the SPAG Board of Directors This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the CONTRACTOR of the project as described herein; or is b. Discontinuance of funding to SPAG from the Texas Department on Aging; or c. Failure of the CONTRACTOR to comply with any or all of the terms and conditions stated herein; or d. Mutual agreement between SPAG and the CONTRACTOR. In the event of termination, final billings for expenditures made pursuant to the contract will be submitted to SPAG by the CONTRACTOR, but it is understood that no expenses incurred after the termination date will be reimbursed. 10. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, the CONTRACTOR agrees to i' r indemnify and hold SPAG harmless from any and all claims, demands, expenses or caus4 ' of action that might be asserted against SPAG by any third party which shall arise (. from the conduct and performance of this agreement. It being the intention of the parties hereto that this indemnity provision shall indemnify SPAG harmless as to an. - allegation made of negligence on the part of SPAG in the performance of this agree- ment. When 45 C.F.R., or its appendices, provide that a cost is allowable only authorized in writing, prior written approval from SPAG must be obtained. Approval of the CONTRACTOR's budget shall constitute written approval only if detailed budget justification supporting the purpose, need and reasonableness of such cost is included as part of the budget. 11. ORAL AND WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties aoree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. 12. CERTIFICATION AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the CONTRACTOR do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in Triplicate this / day of 19�. City of Lubbock CONTRACTOR BY: UTN_RIZED CONTRACTOR SIGNATURE REVIEWED: SPAG DIRECTOR OF NANCE Approved and accepted o6 behalf of South Plains Association of Governments as_ttev�ens, ERI> UyIVE DIRE CITY OF/LU 'i A TEST: BY: BILL Mc LIST R, Evelyn Ga ga, Cit /S r ary-Treasurer A RO E6D AS TCON ENT: i Xn/IY� w i' Ji W ston, Director of Community Facilities AP ROVED AS TO FORM: 1Gyve an M. Sherwin, Assistant City Attorney 0 ATTACHMENT E-1 Special Conditions for Senior Center Operations f i tv of Lubbock Contractor Name .4A uv;' —4,7 4S2 Code This contract is in the amount of $ 33,333.00 including $ 30,000.00 Budget Total SPAG and 3.333.00 as described in the budget justification. Contractor Contractor will assure that multipurpose services delivered in the center will provide health screenings, linkage with transportation services, information and referral, escort services, recreational, group activities, and where possible, nutrition services. Volunteer opportunities to serve will be made available. ATT ST: 7 �--� Evelyn Gaff a, Viy S§ y-Treasurer AP VED ASTAVU CONT NT: Ji V eston, Director of Community Facilities horized ontractor agnature BILL McALISTER, MAYOR AP OVED ASTOFORM: 2 . Y , ,dLII.�J7,CUZtt J n M. Sherwin, Assistant City Attorne 63. Part IV - Assurances The Contractor assures that he will maintain documentation to substantiate all of the assurance items. Such documentation will be subject to SPAG review for adequacy and completeness. I. Compliance with Requirements The Contractor agrees to administer the program in accordance with the Act, and all applicable regulations, the policies and procedures established by SPAG, the State Unit on Aging, the Commissioner on Aging and the Secretary of Health and Human Services. 2. Efficient Administration The Contractor shall utilize such methods of administration as are necessary for the proper and efficient administration of the Contract and which assure avoidance of conflict of interest, both financial and by nepotism. 3. General Administrative and Fiscal Requirements The Contractor's shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these pro- visions are superseded by statute. 4. Management of Funds The Contractor shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. , 5. Safeguarding Confidential Information The Contractor shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. 6.; Reporting Requirements The Contractor shall furnish such reports to SPAG as may be.specified, to maintain its reports and files in compliance with 45 C.F.R. Part 74 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74. 7. Standards for Fire, Health, Safety, Sanitation and Other Standards Providers of service under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The Contractor assures that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Equal Opportunity and Civil Rights a. Equal Employment Opportunity The Contractor shall incorporate in its written personnel policies and procedures an affirmative action plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. b. Non -Discrimination on the Oasis of Handicap The Contractor shall provide that each program activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74. C. Civil Rights Compliance The Contractor shall ensure that benefits and services available under the contract are provided in a nondiscriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. 9. Managing Property Purchased with Federal Funds The Contractor shall maintain a property control system ensuring adequate safe- guards for property purchased under terms of this contract. 10. Outreach, Training and Coordination Requirements a.- The Contractor shall provide a written plan for outreach to ensure participation of eligible persons, including those with the greatest social or economic needs. b. The Contractor shall participate in training as provided by SPAG. C. The Contractor shall coordinate its service/s with other service providers in the region. 11. Preference for Older Persons with Greatest Economic or Social Need The Contractor shall preferentially provide services to eligible persons with the greatest economic or social need. 12. Contributions for Services The Contractor shall provide voluntary opportunity for eliqible participants to contribute to the cost of services while protecting the individual's privacy , to safeguard and account for such contributions, and to use such contributions 57. 13 14 to expand services. The Contractor may post a suggested contribution schedule based on income ranges of eligible participants in the community. Service shall not be denied because the eligible participant will not or cannot contribute. Maintenance of Non -Federal Support for Services The Contractor shall not replace funds from Non -Federal sources with federal funds. The Contractor agrees to continue or to initiate efforts to obtain support from other sources for services funded under this part. Opportunity for Older Persons to Advise Contractors Contractors who operate focal points in the community must assure collocation of services, where feasible. r 45t ori—zed'ContrAftor Sigiature BILL McALISTER, MAYOR ATTEST: Evelyn Gaf a, City ary-Trea surer AP VED AS TV CO TENT: Ji Weston, Director of Community Facilities APPROVED AS TO FORM: 'lobn M. Sherwin, Assistant City Attorni FvF-tyn 15a ff ga CITY SECRETARY - TREASURER LUBBOCX, TEXAS 10/26/83 , R31 TO WHOM IT MAY CONCERN: RE:. Agreement for BONUS DAIRY PRODUCTS (Resolution 1334 - 3/10/83 TITLE III - SPAG) Please secure the signature of the appropriate SPAG official and return this contract to the City Sec retary for the official files, � EVELYN �GAFFGA City Secretary .c APPLICATION AND AGREEMENT FOR BONUS DAIRY PRODUCTS Application is made by: City of Lubbock Senior Services Lubbock Name of Applicant County 2001 19th Street Street Address P.O. Box 2000 Lubbock, TX 79457 (806) 744-1433 Mailing Address If Different ZIP Telephone Number for food commodities made available to the Texas Department of Human Resources and the South Plains Association of Governments (SPAG) (distributing Agencies) by the United States Department of Agriculture (USDA), under the conditions provided in this form. APPOINTMENT OF THE AUTHORIZED REPRESENTATIVE The official who signs this form must appoint an authorized representative to assume the responsibilities discussed in this paragraph. The official may name himself as the authorized representative, if he chooses to serve in that capacity. The authorized representative is given full responsibility for all matters pertinent to the receipt, handling, storage, protection, accountability, and use of USDA donated commodities, and the maintenance of all required records and reports pertaining to the commodities. Dorothy Dailey Supervisor Sr. Citizens Program 806-762-6411 Ext. 2675 Name of Authorized Representative Job Title Telephone Number P.O. Box 2000 Lubbock, Texas 79457 Mailing Address if different from above ielillr3 ative Date Does the applicant employ or contract with a caterer of food service company to provide meals for the agency? ......................................... X Yes No If yes, refer to Provision 14 of the agreement section &nd attach a copy of the contract to this application when submitting it for approval. AGREEMENT The applicant for USDA donated commodities agrees to the following terms and conditions: 1. The commodities must be used only to benefit people served in the applicant's established food service operation. The commodities must not be sold, traded, or disposed of without the approval of the distributing agency. 2. Adequate facilities and personnel must be provided to handle, store, protect, and use commodities and to accurately maintain all necessary records, such as the application and agreement forms, receipts and freight bills, notices of availability, arrival, and issuance of donated foods, Form 506, and inventory control sheets. These records must be retained for not less than three years after the end of the federal fiscal year (September 30th) to which they pertain. If audited, records must be retained until resolution of all audit questions. 3. Commodities must be requested and accepted only in amounts that can be fully used. The receipt for commodities must be signed by a representative of the applicant. If the applicant accepts a commodity item that cannot be used, or more than can be fully used, the distributing agency must be notified as soon as possible. The applicant must request the distributing agency to, if possible, transfer the items which cannot be used and are in good condition to another eligible applicant. Neither the distributing agency, SPAG, nor USDA are responsible for delays in delivery or for non-delivery.of commodities for any reason. 4. The applicant must pay the assessments levied by the distributing agency to meet the administrative expenses of the Commodity Distribution program as pro- vided by state law. 5. The distributing agency, SPAG, and USDA may inspect, at any reasonable time, the commodities in storage and the facilities used for handling and storing commodities. These agencies also may inspect the application forms, receipts and freight bills for donated foods, notices of availability, arrival, and issuance, inventory control sheets, and other similar records that pertain to handling, storage, pro- tection, and use of donated foods. This is to ensure compliance with the terms and conditions of this agreement. 6. Reusable containers must be disposed of according to instructions issued by the distributing agency or they may be reused by the applicant. 7. The applicant must abide by the instructions and regulations issued by the dis- tributing agency, SPAG, and USDA for the storage, handling, and use of commodities. The applicant must reimburse the distributing agency or SPAG for any loss, spoilage, damage, or misappropriation of commodities, if the distributing agency determines that the loss, spoilage, or damage was caused by neglect or oversight by the applicant or his employees. If it is known or suspected that any commodity item is unfit for human consumption, the applicant must request an inspection by federal, state, or local health officials If the commodity item(s) is condemned as unfit for human consumption, a report must be made to the distributing agency and SPAG immediately. The report must be com- pleted to include when received, storage conditions, when suspected of being out of Page 2 condition and why, known contributing or causative factors, when inspected and by whom. Two copies of the condemnation statement received from the condemning authority must be attached to this report. The condemned commodity item(s) must be disposed of according to instructions from the distributing agency. 8. The applicant assumes full responsibility for carrying out the terms and conditions of this agreement. Any applicant who fails to comply with this agreement or any instructions or agreements made in connection with it may be disqualified by the distributing agency or by SPAG from receiving commodities. Reinstatement is at the option of the distributing agency. Disqualification does not prevent the distributing agency from taking other action necessary against the applicant. 9. If the applicant for any reason becomes ineligible to receive a commodity item or if the applicant's food service program ends, the remaining stock must be returned in good condition to the distributing agency or to SPAG or be disposed of according to instructions from the distributing agency. Disposal must be made without charge or obligation to the distributing agency. 10. Without reference to the provisions of paragraph 8, either agency may rescind this agreement upon 30 days notice in writing. If this happens, the provision of para- graph 9 applies about the disposition of any remaining stock. 11. The applicant must provide, on request by the distributing agency or SPAG, informa- tion about the number of persons served, and the number of people provided meals only. 12. The applicant must maintain a regular food service operation as an integral part of its usual activities. 13. As part of its usual activities, the applicant must provide meals and/or services to needy people who are unable to pay the full charge for them or for whom the applicant does not receive payment for the full charge. 14. The applicant may make an agreement or contract with a.food service management company to operate its food -service operation. The initial of continuing approval of this application requires the distributing agency, SPAG, and USDA to approve a copy of the agreement or contract with the food service management company. To be approved, the contract between the applicant and the food service management company must provide that: a. Any commodities received by the institution and made available to the food service management company must be used only to benefit the insti- tution's food service operation; and b. The books and records of the food service management company pertaining to the food service operation of the institution must be kept for three years from the close of the federal fiscal year to which they pertain. If audited, records must be kept until resolution of all audit questions. These records must be available for inspection and audit by representatives of the distributing agency, SPAG, USDA, and the General Accounting Office at any reasonable time and place. 15. "The applicant agency hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), Age Discrimi- nation Act of 1975 (P.L. 94-135) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Page 3 Parts 42 and 50) and FNS directives or regulations issued pursuant to that Act and the regulations, to .the effect that no person in the United States shall, on the ground of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the program applicant received federal financial assistance from -the department; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. "This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants and loans..of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel; the sale and lease of, and the per- mission to use, federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a.con- sideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease cr furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the department. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance such as food, and cash assistance for purchase of rental or food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. "By accepting this assurance, the applicant agency agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of Title IV and permit authorized USDA personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with Title VI. If there are any violations of this assurance, the Department of Agriculture, Food and Nutrition Service, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant agency, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the program applicant." SIGNATURE -This application and agreement cannot be approved unless it is made by the board or an official authorized to contract in behalf of the applicant. 4r Signa re-Presid n or official with authority behalf of the applicant rman of the Board or sign a contract on OCT 2 51983 City of Lubbock Senior Services MAYOr=`c,--,, `; LAS:,_., ame of Agency Title 10/1/83 9/30/84 Period Covered From To SPAG Authorized Signature Date CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS and CITY OF LUBBOCK Part I General Conditions This contract is between South Plains Association of Governments hereinafter referred to as SPAG and City of Lubbock hereinafter referred to as CONTRACTOR. All provisions herein are further based on a proposal sub- mitted by the CONTRACTOR to SPAG in June, 1983 and said proposal is for all purpose made a part hereof by reference, witnesseth: SPAG and the CONTRACTOR do mutually agree as follow: 1. CONTRACT AMOUNT The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not exceed $ 143.219 for performance and amounts specified by attachments delineated below which are indicated by initials of signatory parties hereto and which are a part of this contract. SPAG CONTRACTOR SPAG AMOUNT INITIALS INITIALS ATTACHMENTS SERVICES aid S 15,000 Attachment AQWOutreach S 6,000 Attachment Bev Transportation $ Attachment C Friendly Visiting S Attachment D Legal - Community Service Advisor) S Attachment E-1 Senior Center Operations S Attachment E-.2 Residential Repairs S Attachment F Multipurpose Center Develo{ S 115,915 Attachment GO/Nutrition Congregate S 6,304 Attachment Ft�t Home Delivered Meals S Attachment J Other 2. MATCH REQUIREMENTS The CONTRACTOR agrees to provide, as a supplement to the project budget, local cash match of at least $ 15,913 For those CONTRACTORS who generate more Program Income than required, the additional local match may be shown in Program Income column of this contract budget, but only minimum amount previously mentior is requested. 3. SUBCONTRACT PERIOD This agreement will become binding on the date of the signatures by both parties Notwithstanding this date, the term of the agreement will begin on 10/1/83 and end 9/30/84 This term may be extended upon request by the CONTRACTOR and approval by SPAG and the Texas Department -on Aging. 4. NOTICE Any and all notices required in or by this contract shall be addressed as follow! a. If notice is to be sent to SPAG: South Plains Association of Governments P.O. Box 2787 Lubbock, Texas 79408 b. If notice is to be sent to the CONTRACTOR: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Part II City of Lubbock 6 'DGET OUTREACH BUDGET CATEGORY SPAG-FEDERAL FUNDS IN -KIND TOTAL SALARIES/FRINGE 1. Outreach 6,968 6,968 2. Fringe 1,742 1,742 TRAVEL 1. Staff 900 900 MISCELLANEOUS 1. Senior News 3,800 3,800 2. Office Supplies 1,200 1,200 3. Postage 390 390 SPACE/UTIL/PHONE 1,667 1,667 TOTALS 15,000 1,667 16,667 City of Lubbock Part II BUDGET TRANSPORTATION BUDGET CATEGORY SPAG-FEDERAL FUNDS PROGRAM INCOME IN -KIND TOTAL SALARIES/FRINGE 1. Drivers 1,000 1,000 OPERATIONS 1. Gas, Oil, Maint. 6,000 667 6,667 TOTALS 6,000 667 11000 7,667 ATTACHMENT A Special Conditions for Outreach City of Lubbock Contractor Name Code This contract is in the amount of $16,667 including $15,000 and $1,667 Budget total SPAG Contractor as described in the budget justification. 1. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay salary, fringe, senior news, office supplies, and postage for persons sixty (60) years of ag and older in Lubbock 2. CONTRACTOR GOAL The goal of this contract is to provide outreach for at leas 175 individuals each month, with minority and below poverty level older persons to be served in proportion to their number in population .of Lubbock CONTRACTOR assures that outreach shall be established and maintained such that eligible individuals within that service area will have reasonable convenient access to'the service, including, to the extent possible, the provision of outreach services in the language in which a significant number of older persons speak if other than English is their principal language. Bus dispatching will be a part of this service, where applicable. Outreach service is to provide: 1. Current information with respect to the opportunities and services available to eligible individuals, and current lists of older individuals in need of services and opportunities are developed and maintained; and, 2. A trained staff member, or volunteers, to inform eligible individuals of opportunities and services which are available and, to the extent possible, assist them to take advantage of such services. Bus dispatching is a service where 1. Requests for bus transportation may be made at times advertised by CONTRACTOR and consistent with contract requirements, and where 2. A bus dispatcher coordinates transportation requests with the bus driver. MAYOR thorized �on4tracSignature "city nt tubbodr, 7 "A ATTACHMENT B Special•Conditions for.-Transportatio;i Services This contract i-s in the amount 'of $ 6166677 including $6 000" " and Budget total— - PA' $ as described in the budget justification. ontractor 1. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay gas, cam'„_maintenance for vans for persons sixty (60) yes-_-s of age and older in Lubbock 2. CONTRACT GOAL The goal of this contract is to provide transportation _ ,.....- for at least 175 individuals each month, with minority and b;_-ow poverty level older persons to be served in proportion to their number in the population of Lubbock CONTRACTOR assures that eligible persons in the service area have tran p(.-tL1„cm to nutrition services, center services, to shopping, paying bills, vsitia.: beauty and barber shop, medical appointments, and agency appointments sv:h as :of"ial Secuit etc., through either a:scheduled route pick-up, demand/response a: thr: !,"i of both. Where a common need exists for transportation of participants unl�r Title XIX and of the Social Security Act, CONTRACTOR may enter.into agreements 1, th u-1.1:21, C-.genc -_r for the purpose of meeting these needs through coordination of of rt!, V" '! AYC z e%ity of t .. _ •_r. Tex Au oriz d Contr or ')'ignature "" ATTACHMENT G Special Conditions for Nutrition Congregate Services City of Lubbock Contractor Name Code This contract is in the amount of $ 28 7� g4 including $ 115 915 and $ 12,879 Budget total — Contractor as described in the budget justification. 1. CONTRACT PURPOS The purpose of this contract is to provide funds to pay for nutrition services for persons sixty (60) years of age and older in Lubbock 2. CONTRACT GOAL The goal -of this contract is to provide congregate meals for at leas 6.050 individuals each month, with minority and belowpoverty level older person to be served in proportion to their number in the population of Lubbock CONTRACTOR agrees to provide an average of 251 meals per day for the contract period which is a total of 63,503 meals for the period of the contract. CONTRACTOR further agre to'deliver congregate meals in accordance with the following conditions: 1. Hot meals shall be provided in a congregate setting at least 5 days per week, accord ing to a published schedule. 2. The congregate site shall be located, where feasible and appropriate, within walking distance to the majority of eligible older persons. 3. The CONTRACTOR shall comply with all state and local.health laws and ordinances con- cerning preparation, handling, and serving of food. 4. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 5. Food containers and utensils for blind and handicapped participants shall be provided._ 6. The CONTRACTOR shall serve food in accordance with the recommended dietary allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Scienc National Research Council and shall follow the menu plan developed by the nutrition consultant. 7. The CONTRACTOR shall prepare food in accordance with recipes provided. 8. Each participant shall be provided the opportunity to have milk with the meal. 9.'.Appropriate and cost effective arrangements shall be made for the-trans.portation of commodities, where applicable, and for the storage and use of USDA commodities. 10. Cash provided in lieu of commodities shall be spent only for buying USDA commodities a food grown and produced in the United States. 11. Participants shall be assisted in taking advantage of benefits availableto them throu the Food Stamp Program. 12. The CONTRACTOR shall coordinate with the Food Stamp Program administered by the Texas Department of Human Resources. l/ MAYOR EGty bF Lubbock, To; thorize ontra or Signature HIIALtVILHI n ' Special Conditions for Home Delivered Services _ City of Lubbock Contractor Name Code This contract is in the amount of $ 7,004 including $6,304 and Budget total SPAG $ inn as described -in the budget justification. Contractor 1. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay for nutrition services for persons sixty (60) years of age and older in Lubbock 2. CONTRACT GOAL The goal of this contract is to provide home delivered meals for at lea! Ina individuals each month, with minority and below poverty level older person! to be served in proportion to their number in the population of CONTRACTOR agrees to provide an average of 12 meals per day for the contract period which is a total of 3,036 meals for the period of the contract. CONTRACTOR further agre to deliver hot meals to the home in accordance with the following conditions: 1. Meals shall be provided 5 days per week. 2. An assessment of need shall be conducted before beginning delivery of meals. 3. Meals shall be hot when delivered. 4. Where feasible meals shall be delivered to eligible persons when weather related emerge Gies arise. 5. The CONTRACTOR shall comply with all state and local laws and ordinances concerning preparation, handling, and serving of food. 6. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 7. Food containers and utensils for blind and handicapped participants shall be provided. 8. The CONTRACTOR shall serve food in accordance with the recommended dietary allowance (A as established by the Food and Nutrition Board of the National Academy of Sciences - National Research Council and shall follow the menu plan developed by the nutrition con sultant. 9. The CONTRACTOR shall prepare food in accordance with recipes provided. 10. Each participant shall be provided the opportunity to have milk with the meal. 11. Appropriate and cost effective arrangements shall be made for the transportation of commodities, where applicable, and for the storage and use of USDA commodities. 12. Cash provided in lieu of commodities shall be spent only for buying USDA commodities an food grown and produced in the United States. 13. Participants shall be assisted in taking advantage of benefits available to them throu5 the Food Stamp Program. 14. The CONTRACTOR shall coordinate with the Food Stamp Program administered by the Texas Department of Human Resources. MAYOR rC,ty 'of Lubbock. ' Authorized Contractor Signature 6. PROGRAM INCOME 1. Program Income MUST first be used to meet the CASH non-federal require- ments. 2. Program Income in excess of that required shall be identified in the budget justification for allowable costs in "Other Resources., 3. Program Income insufficient to meet each program category in Part II Budget Justification, in the column entitled "CONTRACTOR" shall be supplemented either by other cash or by documented in -kind contributions of roods and/or services. • 'a. Program Income is income earned by CONTRACTOR from activities part or all of which are borne as a direct cost by SPAG under provisions of this contract. Program Income includes but is not limited to cash income from fees for services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. b. Program Income from meal contributions shall be used in such a manner to increase the number of meals served by the project. c. Program Income MUST BE REPORTED TO SPAG, BUDGETED BEFORE IT IS SPENT AND SPENT IN THE CURRENT CONTRACT PERIOD. 4. In -kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are a. identifiable from CONTRACTOR's records . b. not included as contributions for any other state of federally assisted programs, and d. adequately documented as to nature, source, and value. 7. REPORTS AND RECORDS In addition to the submission of required financial reports, the CONTRACTOR agrees; a. To retain auditable accounts and records for a period of five years following expiration of this contract. Such records will be maintained at the following location: 9th & Texas Lubbock, TX 79401 b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be re- quired will be submitted by the CONTRACTOR in a form prescribed by SPAG. 8. PROPERTY The CONTRACTOR shall maintain a record of all property purchased under terms of this contract. A non -expendable property having an acquisition cost of $300 or more and havi.ng a normal life expectancy of one year or more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the CONTRACTOR to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. a. The CONTRACTOR shall maintain an inventory of all non -expendable property purchased under the terms of this contract. b. The CONTRACTOR shall exercise reasonable and prudent judgment in assuring .the maintenance; security, and -authorized use of property purchased under terms of this contract: 9. AUDIT The CONTRACTOR shall provide and furnish SPAG an independent audit of its per- formance, receipts and expenditures under this agreement. The audit must cover the entire organization and comply with OMB Circular A-102, Attachment P or OMB Circular A-110, Attachment F, whichever is applicable, and all other federal guidelines. The CONTRACTOR shall furnish the audit within 90 days of the final contract effective date. 10. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department on Aging or its agents, disclose serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend this contract pending resolution of deficiencies or to terminate this -contract. The CONTRACTOR shall be notified in writing of any suct suspension or termination and shall have the right to appealto the SPAG Board of Directors. This contract may be terminated upon the occurrence of any of the following evens a. Discontinuance by the CONTRACTOR of the project as described herein; or b. Discontinuance of funding to SPAG from the Texas Department on Aging; of c. Failure of the CONTRACTOR to comply with any or all of the terms and conditions stated herein; or d. Mutual agreement between SPAG and the CONTRACTOR. In the event of termination, final billings for expenditures made pursuant to thi contract will be submitted t0 SPAG by the CONTRACTOR, but it is understood that 1 expenses incurred after the termination date will be reimbursed. t 11. LIMITATION OF LIABILITY Notwithstanding any of.the provisions of this agreement, the CONTRACTOR agrees to indemnify and hold.SPAG harmless from any and all claims, demands, expenses or causes.of action that might be asserted against.SPAG by any third party which shall arise from the conduct and performance of this agreement. It being the intention of the parties hereto that this indemnity provision shall indem- nify SPAG harmless as to any allegation made of negligence on the part of SPAG in the performance of this agreement. When 45 C.F.R., or its appendices, provid that a cost is allowable only authorized in writing, prior written approval from • SPAG must be obtained. Approval of the CONTRACTOR's budget shall constitute written approval only if detailed budget justification supporting the purpose, need and reasonableness of such cost is included as part of the budget. 12. ORAL AND -WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract. CONTRACTOR evidences its understanding and agrees that any prior agreement.is terminated as of the effective date of this contract. Both parties agree that.SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. 13. CERTIFICATION.AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the CONTRACTOR do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in Triplicate this o?.;- day of 19 6- City of Lubbock 4TRABY: ✓ ?MAYOR TH IZEDSIGNATUREfZ b{ Lubbock Ta REVIEWED: SPAG DIRECTOR OF FINANCE Approved and accepted on behalf of South Plains Association of Governments Jerry D. Casstevens, EXECUTIVE DIRECTOR It Part IV - Assurances The Contractor assures that he will maintain documentation -to substantiate all of the assurance items. Such documentation will be subject to SPAG review for adequacy and completeness. Compliance with Requirements -he Contractor agrees to administer the program in accordance with the Act, and all applicable regulations, r.he policies and procedures established by SPAG, the State Unit on Aging, the Commissioner on Aging and the Secretary of Health and :iuman Services. 2. fficient Administration The Contractor shall utilize such methods of administration as are necessary for the proper and efficient administration of the Contract and which assure avoidance of conflict of interest, both financial and by nepotism. 3. General Administrative and Fiscal Requirements The Contractor's shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these pro- visions are superseded by statute. :.anaoement of Funds The Contractor shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. 5. Safecuarding Confidential Information The Contractor shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. Reoortino Requirements The Contractor shall furnish such reports to SPAG as may be .specified, to maintain its reports and files in compliance with 45 C.F.R. Part 74 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74. Standards for Fire, Health, Safety, Sanitation and Other Standards Providers of service under this contract shall operate fully in conformance with al `ederal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The Contractor assures that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Equal Opportunity and Civil Rights_. a. Equal Employment Opportunity The Contractor shall incorporate in its written personnel policies and procedures an affirmative action plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. b. Non -Discrimination on the Basis of Handicap The Contractor.shall provide that each program activity, when viewed in i•ts entirety, is readily accessible to and usable by handicapped persons. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74. C. Civil Rights Compliance The Contractor shall ensure that benefits and services available under the contract are provided in a nondiscriminatory manner as required by Title VI of the Civil Rights. Act of 1964, as amended. 9. Managing Property Purchased with'Federal Funds The Contractor shall maintain a property control system ensuring adequate safe- guards for property purchased under terms of this contract. 10. Outreach, Training and Coordination Requirements a.- The Contractor shall provide a written plan for outreach to ensure participation of eligible persons, including those with the greatest social or economic needs. b. The Contractor shall participate in training as provided by SPAG. C. The Contractor shall.coordinate its service/s with other .service providers in the region. 11. Preference for Older Persons with Greatest Economic or Social Need The Contractor shall preferentially provide services to eligible persons with the greatest economic or social need. 12. Contributions for Services The Contractor shall provide voluntary opportunity for eligible DarticiDants to contribute to the cost of services while protecting the individual's privacy , to safeguard and account for such contributions, and to use such contributions to expand services. The Contractor may post a suggested contribution schedule based on income ranges of eligible participants in the community. Service shall not be denied because the eligible participant will not or cannot contribute. 13. Maintenance of Non -Federal Support for Services The Contractor shall not replace funds from Non -Federal sources with federal funds. The Contractor agrees to continue or to initiate efforts to obtain support from other sources for services funded under this part. 14. importunity for Older Persons to Advise Contractors Contractors who operate focal points in the community must assure collocation of services, where feasible. MAYOR Aut orized Co tractor giatureociK tf lebbock, Part IV -A Non -Profit Organization Financial Responsibility It is understood that in the event any financial liability accrues to SPAG as a result of any performances of the Contractor. SPAG will seek repayment from the Contractor. In the event the Contractor is unable to satisfy such liability then SPAG may elect to seek repayment from the members of the Contractor's governing body. ILI. Author zed Contra XtorSig ure